APHC010424172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21959/2024 Between:

1. V NIRMALAMMA, W/O J. ESWARIAH, AGED ABOUT 40 YEARS, OCC. F.P. SHOP DEALER, SHOP. NO. 1225033, R/O CHINNAKUNTA VILLAGE, ANANTAPUR MANDAL, ANANTAPUR DISTRICT.

...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPU

2. T HE JOINT COLLECTOR, ANANTAPUR DISTRICT.

3. R EVENUE DIVISIONAL OFFICER, ANANTAPUR DISTRICT.

4. T HE TAHSILDAR, ANANTAPUR DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 3rd respondent in cancelling the authorization of the petitioner by his proceedings vide D. Dis. No. D1CS/1713/2022 dated 15.09.2024 without proper enquiry is illegal, arbitrary and violation of principles of natural justice consequently set aside the proceedings issued by the 3^rd respondent vide D.Dis.No.D1CS/1713/2022 dated 15.09.2024 and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceeding vide D. Dis. No. D1CS/1713/2022 dated 15.09.2024 issued by the 3rd respondent by continuing petitioner as a Fair Price Shop Dealer vide Shop No.'1225033, R/o Chinnakunta Village, Anantapur Mandal, Anantapur District pending disposal of the above Writ Petition and pass Counsel for the Petitioner:

1. MALLAVELLI NAGA SAI LALITH KUMAR Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following:

ORDER:

The case of the petitioner is that she has been appointed as a dealer of fair price shop No.1225033 of Chinnakunta Village, Anantapur Mandal & District, on 15.07.2008 and discharging her duties as dealer and supplying the commodities to the cardholders to the satisfaction of the officials and the cardholders. While so, on 14.08.2022 at 09.00 AM the officials have conducted inspection in petitioner’s fair price shop wherein it was noticed that there is shortage of 120Kgs PMGKAY Rice, 5(½ KG) packets of sugar and excess of 18 KGs (1KG packets) of Red Gram Dal in the shop and accordingly, seized the stock along with weighing machine upon conducting Panchanama in the presence of mediators. Thereafter, a show cause notice dated 26.08.2022 has been issued by the Revenue Divisional Officer (the 3^rd respondent herein) framing two charges which was served on 17.09.2022, for which explanation was submitted, however, the 3^rd respondent without giving any findings on the said explanation and without conducting any enquiry, suspended the authorization of the petitioner by order dated 10.10.2022 and for such suspension, no show cause notice has been issued.

2. Further, aggrieved by the said suspension order of the 3^rd respondent dated 10.10.2022, the petitioner preferred a writ petition vide W.P.No.40636/2022 wherein this Court, on 01.04.2024, disposed of the said writ petition by setting aside the suspension orders impugned therein and remitted the matter back to the 3^rd respondent therein for conducting fresh enquiry after affording reasonable opportunity to the petitioner and record the reasons and further directed to continue the petitioner as fair price shop dealer. The further case of the petitioner is that the 3^rd respondent, without conducting any enquiry as directed by this Court in W.P.No.40636 of 2022, cancelled petitioner’s authorization vide proceedings dated 15.09.2024. Impugning the same, the writ petition is filed.

3. Heard Sri Naga Sai Lalit Kumar, learned counsel representing Sri K.Srinivas, learned counse